EU bosses dismiss Theresa May’s offer for 3million EU citizens to stay in Britain after Brexit amid row over whether European Courts can enforce the deal

THERESA MAY’s formal offer to allow millions of EU citizens to stay in Britain for life has been dismissed by Brussels bosses as “below our expectations” and told that it “risks worsening the situation”.

European Council President Donald Tusk and European Commission President Jean Claude Juncker made it clear they were not happy with Mrs May’s proposals.

Last night the Prime Minister promised to give all EU citizens the right to stay after the UK’s exit – and granting those who had been there for the last five years the same rights to welfare and pensions as UK citizens. But no cut off date has yet been set.

Speaking at a press conference this lunchtime, Mr Tusk said that EU leaders would be studying the full proposals on the deal set out by the Prime Minister “line by line” when they emerge.

But it was clear that leaders did not think Mrs May’s offer went far enough – they want all EU citizens to be offered the same, “full rights” as UK citizens when we quit the bloc.

Mr Tusk said of the proposal: “It was below our expectations and it risks worsening the situation.”

He added: “It’s obvious that the impact of Brexit and the citizens rights, it’s negative.”

And European Commission President Jean Claude Juncker said the proposal was “insufficient”, and described the PM’s offer as a “first step”.

He also stood firm that the European Court of Justice should be included to enforce the settlement – something Mrs May has said is not acceptable.

Mr Juncker said: “I can’t see the ECJ being excluded from the settlement in the future, but that’s a matter for the negotiations.”

But in a separate press conference this lunchtime, Mrs May insisted her offer was reasonable.

She said: “I remain of the view that this is a fair and serious offer. Those citizens from EU countries have come to UK will be able to stay and we will guarantee their rights.

“It gives those three million EU citizens in the UK certainty about the future of their lives and we want the same certainty for the more than one million UK citizens who are living in the EU.

“There are some differences between the proposal and that the European Commission put out, that will go into negotiation.”

As she arrived at the Brussels summit for the second day of European Council meetings this morning, the Prime Minister attempted to reassure EU citizens living in Britain, after revealing her “fair and serious offer” last night.

She told reporters: “I want to reassure all those EU citizens who are in the UK, who have made their lives and homes in the UK, that no one will have to leave. We won’t be seeing families split apart.

“This is a fair and serious offer. I want to give those EU citizens in the UK certainty about the future of their lives, but I also want to see that certainty given to citizens who are living in the EU.”

But Labour’s Shadow Brexit Secretary, Sir Keir Starmer, branded it “too little, too late”.

In a speech earlier today Jeremy Corbyn said it “falls far short of the full guarantee Labour would make”.

And the Evening Standard newspaper, edited by the former Chancellor, George Osborne, published an editorial which tore into the Prime Minister for not unilaterally letting EU citizens stay in the UK, and said it was “morally right, economically sound and diplomatically smart” to do so.

He said that after the referendum the then-PM David Cameron wanted to offer all EU citizens the right to stay no matter what, but Mrs May disagreed.

said: “Last June, in the days immediately after the referendum, David Cameron wanted to reassure EU citizens they would be allowed to stay. All his Cabinet agreed with that unilateral offer, except his Home Secretary, Mrs May, who insisted on blocking it.”

Today Mrs May said that was “certainly not my recollection”.

Guy Verhofstadt, the European Parliament’s chief Brexit negotiator, said that it did not fully guarantee the rights of EU citizens, and he hoped that more details would appear on Monday.

Mrs May warned EU leaders last night those who arrived after Article 50 was triggered in March will only get the same offer if European judges are stopped from meddling in UK affairs.

Addressing other leaders, she signalled the extent of Britain’s generosity relied on Brussels conceding that the European Court of Justice (ECJ) will have no jurisdiction in the UK after Brexit.

The PM told EU leaders she was considering setting the cut-off date for residency rights as the day Britain triggered Article 50 and the formal divorce process – in March 2017.

But despite Mrs May’s warm words this morning, any EU national who has arrived after that date would have to apply for a work permit to remain and risked being turned down.

Or the PM said she may choose “Brexit Day” in March 2019 – which would allow any EU national arriving one day before Brexit the chance to remain for life.

This could trigger a fresh wave of hundreds of thousands more migrants to the UK.

She said: “This is an offer aimed at giving as much certainty as possible to those who have settled in the UK, building careers and lives and
contributing so much to our society.”

Aides added she was keen to secure a breakthrough to get divorce talks off to a flying start.

But a senior British official made clear the extent of the offer relied on Brussels budging – and allowing UK courts to rule.

He said: “We have been clear on the ECJ that we are taking back control of our own courts.”

The EU’s negotiators have demanded the ECJ has oversight over EU citizens living in the UK once we leave for decades to come.

But Theresa May has repeatedly said any role for the ECJ after Brexit is a red line.

The PM presented her offer to EU leaders such as Angela Merkel over a working dinner.

She was immediately asked to leave so the other 27 EU leaders could discuss how Brexit negotiations have begun.